Staff Rulings – 157 General Provident Fund (GPF)

 59. KNOWLEDGE SPECTRUM - DISCIPLINE - FAQ

76. Whether the suspension can be prolonged without issue of charge sheet?
 As per OM No. 11012/4/2003-Estt (A) dt. 7.1.2004, if no charge sheet is issued within one year, the suspension will be revoked automatically. However, if the suspension is not revoked within 180 days and there is no charge sheet issued, the delinquent official is fortified with the CAT judgment in the case of A. S. Krishnamachary Vs UO1 1993 (i) LIL (CAT) 195 Bangalore which held that if no charge sheet is issued even after six months, the delay is inordinate and therefore the impugned order of suspension is quashed. We may approach CAT in such cases.

77. Whether the committee is competent to extend the suspension beyond 180 days at a time?
 No. The authority competent to suspend shall not independently extend the suspension beyond 90 days. The Committee also should not recommend continuing suspension beyond 180 days at a time.
(Rule 10 (5) of CCS (CCA) Rules)

78. Whether an official already placed under suspension can function as Defence Assistant in other’s disciplinary case?
 Yes. As per the Rule 14 (8) of CCS (CCA) Rules 1965, it is permissible. This has been examined by the Kerala High Court and opined that there is no rule that a person under suspension is not entitled to assist another Govt. Servant in enquiry proceedings. This has been confirmed vide DG P&T No. 201/45/75-Disc II dt. 03.7.1975.

79. An official was placed under suspension for flimsy reasons. He has been awarded with only minor punishment under Rule 16. What is the fate of suspension period?
 Where the departmental proceedings ended with the imposition of minor penalty against a suspended employee, the suspension can be said to be wholly unjustified in term of FR 54 (B). Therefore the employee concerned should be paid full pay and allowances for the period of suspension. The DOPT OM No. 11012/15/85-Estt (A) dt. 03.12.1985 confirms that full pay & allowance would be admissible for the suspension period if minor penalty is awarded.